The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied a treatment plan for chiropractic services, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant contended that pre-existing lower back pain precluded his recovery within the MIG limits.
The Tribunal found that the applicant failed to establish a pre-existing condition that would prevent maximal recovery within the MIG, relying on the respondent's uncontradicted physiatrist reports and clinical notes showing improvement.
Consequently, the applicant was not entitled to the disputed treatment plan or interest.
The respondent's request for costs was denied as the applicant's conduct was not unreasonable, frivolous, vexatious, or in bad faith.
